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Terms And Conditions Of Use
TERMS AND CONDITIONS
Welcome to the Paloma Boutique website. Please read the Terms & Conditions carefully before placing an order on www.palomaboutique.co.za (the “Website”). These Terms and Conditions govern your use of the Paloma website located at the domain name www.palomaboutique.co.za. By accessing and using the website, the user agrees to be bound by the Terms and Conditions set out in this legal notice. The user may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes, without the consent of Paloma Boutique. If you do not agree with anything you read here, please exit this website.
ALTERATIONS TO TERMS & CONDITIONS AND WEBSITE
Paloma Boutique (“Us”/”We”/”Our”) may amend (either temporarily or permanently) these Terms & Conditions or the Website without notice and such amendments will take effect upon posting to this Website. Your continued use of the Website following any amendments to these Terms & Conditions and the Website shall be deemed to be your acceptance of such amendments. If any part of these Terms & Conditions is unlawful, invalid or unenforceable for any reason, the validity or enforceability of the remainder will not be affected.
ELIGIBILITY AND PAYMENT
You agree to make payment in South Africa Rand. You must be over the age of 18 to make a purchase from www.palomaboutique.co.za. When you make a purchase, you agree to provide accurately both your personal details and your valid payment details. You must have a valid credit or debit card.
When you tender payment details, you declare that you are the card holder or that you have the cardholder’s consent to tender payment details. The order will be subject to the card issuer’s usual verification processes. We will charge you when the confirmation e-mail is sent. We take reasonable care to keep your payment details secure.
- You may also use the EFT payment option.
- If the EFT payment option is used, this can take up to seventy two (72) hours to reflect in our business account depending upon the relevant bank. Please note that if payment is not received within seventy two (72) hours, the order will automatically be cancelled.
- In the event that the customer wishes to make payment in store the Pay In Store option should be chosen and the Customer will need to visit our store in Sandton City with their unique order number and make payment within forty eight (48) hours of the placement of the order, failing which the order will be cancelled.
- Only in the event of the use of a gift card can more than one payment type be used to complete an order and in this instance the customer is entitled to top up the payment with a credit or debit card
- With regard to gift vouchers the following is also relevant:
Gift vouchers are valid for twenty four (24) months from the date of purchase thereof. Gift vouchers will also be redeemable online.
- The value thereof is redeemable for Products (not cash) at our store.
- Paloma Boutique accepts no responsibility in the event that due to an error or oversight on the part of the Customer, or for any reason, the gift voucher is used by a third party.
- Paloma Boutique prescribes to high security and encryption standards allowing all customers to shop with peace of mind. It is also to be noted that it is the strict policy of Paloma boutique and Paloma takes all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.
DELIVERY OR COLLECTION
- You may collect your order in our Sandton City store or opt to have your purchase sent via courier to your premises.
- When effecting delivery at the customer’s premises or such other premises as nominated by the Customer, the Customer shall be responsible for receiving, unloading and checking the product/products.
- Delivery of the products at the shipping or delivery address nominated by the Customer shall constitute good delivery. Any acknowledgement of receipt by the Customer or any authorised representative or employee of the Customer, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery.
- In the event that the products are delivered in a damaged or defective state, the Customer shall forthwith upon delivery endorse Paloma’s copy of the delivery note detailing the damage or defects to the Products and the Customer shall within seven (7) days of such delivery notify Paloma of such damage or defects to the Products delivered, following which the Returns Policy shall be followed.
- On compliance by the Customer with the requirements of this Delivery Policy, and provided Paloma agrees with the information supplied by the Customer, Paloma will or may issue a credit, subject to the provisions of the Returns Policy.
- A flat rate to deliver your order to you will be charged. This will escalate reasonably from time to time.
- The order will take between 2 and 14 working days to be delivered to the chosen delivery address, depending on the location, method of delivery, dispatch region and availability of the item/items in the cart.
- Although reasonable care shall be taken, Paloma Boutique accepts no responsibility whatsoever for incorrect delivery details or, if an unauthorised person at the delivery address, accepts delivery of the order and Products.
All prices are quoted in South African Rands (ZAR) and, are inclusive of South Africa Value Added Tax/VAT at the applicable rate but exclusive of delivery charges. Where an order is placed for delivery outside of South Africa, the order may be subject to import duties and taxes for which you/the recipient are liable to pay and for which We do not accept any liability.
Products, prices and delivery charges are not fixed and may change at any time. Changes will not affect orders in respect of which a dispatch confirmation email has already been sent. Payments are due immediately, on order. Payment for all products must be made by one of the methods offered during the ‘checkout’ process.
If we have not received your payment within 72 hours your order will be cancelled.
If you pay by credit or debit card denominated in a currency other than South African Rands, the price charged will be calculated at the prevailing exchange rate on the date your credit or debit card issuer processes the purchase.
In the unlikely event that products are out of stock, discontinued or cannot for some reason be delivered, We will contact you by e-mail to inform you of this. The customer agrees that because of the nature of the internet, our online shopping service is provided on an ‘as is’ and ‘as available’ basis. Paloma will not be held liable if we are unable to supply a particular item. Moreover, we assume no responsibility for the timeliness, deletion, miss delivery or failure to store any user communications or personalisation settings. All products ordered are subject to availability and may be withdrawn at any time. You agree that placing a product in an online basket does not amount to a reservation for that product until purchased.
Products displayed are not all in the available colour and this is indicated in the available stock at the time of checkout.
RETURNS AND EXCHANGES
Paloma agrees to returns and exchanges of products provided that the following process is adhered to:
- We will only refund your money if this is reported within 7 working days of the delivery date. To initiate the return process, send an email to firstname.lastname@example.org clearly stating the reason for the return. We regret to inform you that refunds will not be considered if we are not notified within the stipulated 7 day period..
- In case of return due to defective product/products, a picture of the damaged area is required to be attached to your email sent to the web address supplied above,
- Should you fail to report the return of the product/products after the 7 working days period, we will use our own discretion to grant a credit note usable at our retail outlet in Sandton City or online.
- A refund will be granted provided that the original invoice or gift receipt is presented on return, as proof of purchase, the price (swing) ticket is attached, the item has not been worn or used, the item is in its original condition and packaging
- In instances where the services via the South African Postal Office (SAPO) or by Courier are used to facilitate the return of Products, the Customer shall be fully responsible for payment of any fees or expenses for such returned Products,
- The Customer shall not be refunded for any delivery cost under any circumstances;
- Any refund or credit will only take place once Paloma Boutique has received, assessed and processed the return of the product/products;
- Paloma shall have the discretion to refund the Customer by any appropriate means including cash, a gift vouchers (electronic or otherwise) or by crediting the relevant Customer account or applicable credit or debit card.
While We have taken reasonable care to prepare the Website, We do not guarantee that the Website will operate without error nor that the Website will be available for use at all times. We reserve the right to repair or maintain the Website at any time.
COPYRIGHT AND TRADEMARKS
All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Us or otherwise used by Us as permitted by law. In accessing the Website, you agree that you will access the content solely for your personal and non-commercial use. None of the material may be downloaded, copied, reproduced, transmitted, printed or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website to assist you in placing an order or for personal, non-commercial use only. You may not create any links to the Website from another website without Our prior written consent. You acknowledge that damages may not be an adequate remedy and as such acknowledge that We are entitled to injunctions and specific performance without proof of special damage.
You should read the following provisions carefully as they exclude or limit the legal liability of Paloma Boutique in connection with your use of this Website.
The information provided by Us is provided in good faith and on an “as is” basis. You rely on any such information at your own risk as We do not guarantee the accuracy of such information.
Any articles and materials displayed on the Website are provided for information only. We do not accept any liability arising out of reliance on any such articles or materials displayed on the Website.
Your use of the Website is at your own risk. We make no guarantee that the use of the Website will cause no damage to any information technology equipment used to access the Website (including from transmittal of a virus or like) nor to any data stored on such information technology equipment.
If you use this Website from outside the Republic of South Africa, you are responsible for compliance with applicable local laws.
LIMITATION OF LIABILITY
Paloma Boutique, its suppliers and staff (including but not limited to its content provider) hereby expressly exclude all conditions, warranties and any other terms which may be implied by statute, common law or equity as permitted by law unless otherwise expressly stated to the contrary in these Terms & Conditions. Paloma and its suppliers shall not be liable for any direct, indirect or consequential loss or damages, including but not limited to loss of profits, loss of anticipated saving or loss of data, arising out of or through the use of or inability to use the Website or failure of the Website whether such loss or damage arises as a breach of contract, negligence, breach of statutory duty or arising in any other way regardless as to whether such loss or damage was foreseeable. Our liability for death or personal injury arising from its negligence or fraudulent misrepresentation by Us or our employees or agents is not excluded nor limited nor is any liability which cannot be excluded or limited by operation of law. Paloma shall not be in breach of these Terms & Conditions by reason of Our delay or failure to meet any obligation where such failure or delay is due to any cause beyond our reasonable control.
JURISDICTION AND LAW
In the event that We do not take immediate action against you for breach of these Terms & Conditions, We maintain the right to do so in the future for such breach or any subsequent breach.
QUESTIONS AND FEEDBACK
Please direct all questions and feedback relating to Paloma Boutique to email@example.com or contact us on 0027114426846.